HomeMy WebLinkAbout4350 ORDINANCE NO.4350
AN ORDINANCE of the City Council of the
City of Kent, Washington, providing for the
acquisition by eminent domain of real property
generally located on the north side of the Green
River, along S. 251st Street, west of Washington
Ave. S., which property is needed for the
construction of the Signature Pointe Levee
Improvement Project. This ordinance provides for
the condemnation, appropriation, taking, and
damaging of real property necessary for that
project and provides for the payment thereof out of
the Signature Pointe Levee Improvement Project
(Fund No. D20085). This ordinance also directs the
City Attorney to prosecute the appropriate legal
condemnation proceedings in King County Superior
Court, to retain any legal counsel required, and to
enter into settlements, stipulations, or other
agreements as may be necessary.
RECITALS
A. The Signature Pointe Levee Improvement Project (the
"Project") consists of constructing a combination earthen levee and
floodwall system that will reduce flood risk impacts from the Green River
associated with major storm events and better protect businesses,
residents, and roadway infrastructure in the Kent Valley. The current levee
fails to meet federal standards established by FEMA (the Federal
Emergency Management Agency) due to its insufficient height and steep
riverbank side slope, which is susceptible to erosion and damage during
major flood events. This condition jeopardizes the structural stability of the
1 Condemnation Ordinance -
Signature Pointe Levee
(Dejbod and Ostrovski Properties)
levee and increases the risk of the levee's failure, breach, and flooding of
the Kent Valley. The Project will strengthen the levee and assist the City in
obtaining FEMA certification of its levee system.
B. To complete the Project, the City must acquire several parcels
of land. Two of these parcels are generally referred to as the Dejbod
Property (King County Tax Parcel No. 543620-0841; 750 Washington
Avenue North) and the Ostrovski Property (King County Tax Parcel No.
543620-0851; 6828 S. 251St Street), collectively referred to in this
ordinance as the "Properties." The City has been attempting to negotiate
with the owners of these Properties, or their authorized representatives, in
an effort to acquire the parcels through agreed settlements. These
negotiation efforts continue, but have begun to stagnate without much
movement toward reasonable resolutions, which prompted staff to seek
Council approval through this ordinance to authorize formal condemnation
proceedings, if such proceedings become necessary to allow the Project to
proceed as planned.
C. Timing on the Project is critical due to the ongoing annual
flood risk impacts from high-water events in the Green River, and Project
construction costs that continue to rise due to an increase in property
values and inflation. Given the lack of fruitful negotiations with the
Properties' owners, and the length of time associated with formal
condemnation proceedings, the Project's timing requires that staff obtain
Council authorization to proceed with condemnation proceedings, if formal
proceedings become necessary, in order to move the Project forward and
preserve the public health, safety, and welfare of the Kent Valley. It is
essential that, if negotiations fail to produce an agreed settlement, that the
City timely initiate condemnation proceedings so that the real property
required for the Project can be obtained to allow the Project to be timely
constructed.
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Signature Pointe Levee
(Dejbod and Ostrovski Properties)
D. Prior to Council's action on this ordinance, the City provided
the requisite notice to the Properties' owners in the manner provided for in
RCW 8.12.005 and RCW 8.25.290.
E. The public health, safety, and welfare depend upon the
completion of this Project, through the City's exercise of its eminent
domain rights, if such become necessary. Through this ordinance, Council
authorizes staff to commence formal proceedings, if reasonably necessary,
to condemn, appropriate, and take for public use and necessity, the
Property and property rights identified herein, if such Property cannot be
reasonably acquired by the City through agreed settlement.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 1. - Public Use and Necessity Declared. After receiving
the report of City staff, and after reviewing the planned improvements for
the Signature Pointe Levee Improvement Project ("Project"), the City
Council finds and declares that the public convenience, use, health,
safety, welfare, and necessity demand that the City of Kent condemn,
appropriate, take, and damage certain real property located in King
County, Washington, in order to acquire the necessary real property
and/or property rights for the construction of the Project, including all
necessary appurtenances. The properties affected by this grant of
condemnation authority are both vacant and undeveloped, and they are
commonly known as 750 Washington Avenue North ("Dejbod Property")
and 6828 South 2515t Street ("Ostrovski Property"), both located within
the City of Kent and legally described in the attached and incorporated
Exhibit A and depicted in the attached and incorporated Exhibit B
(collectively, "the Properties"). The purposes for which this condemnation
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Signature Pointe Levee
(Dejbod and Ostrovski Properties)
is authorized shall include, without limitation, all acts necessary to
complete the construction, improvement, alteration, maintenance,
reconstruction, and restoration of the Project, and any other municipal
purpose that may be necessary from time to time on the Properties.
SECTION 2. - Condemnation Authorized. In the event the
Properties cannot be reasonably acquired through agreed settlements
within the schedule established by staff to allow the Project to be timely
constructed, the City Council authorizes the acquisition by condemnation
of all or a portion of the Properties as may be necessary for the
construction, improvement, alteration, maintenance, and reconstruction of
the Project, together with all necessary appurtenances and related work
to make a complete improvement according to City standards.
SECTION 3. - Condemnation Procedures and Proceedings. The City
shall proceed to condemn the Properties only upon completion of all steps
and procedures required by applicable federal or state law or regulations,
and only after just compensation has first been made or paid into court for
the owner or owners in the manner prescribed by law.
SECTION 4. - Project Fund. The City shall pay for the entire cost
of the acquisition of the Properties by condemnation through the City's
"Signature Pointe Levee Improvement Project" fund (Fund No. D20085) or
from any of the City's storm and surface water utility funds, if necessary,
as may be provided by law.
SECTION S. - City Attorney Authorized. The City Attorney or
designee is authorized and directed to commence condemnation
proceedings as provided by law that may be necessary to acquire the
Properties as the Project schedule requires. The City Attorney is specifically
authorized to retain any legal counsel or other expert as may be needed,
and to sign any retainer or other agreement that may be required. In
4 Condemnation Ordinance -
Signature Pointe Levee
(Dejbod and Ostrovski Properties)
commencing these condemnation proceedings, the City Council authorizes
the City Attorney to enter into settlements, stipulations, or agreements in
order to minimize damages as the City Attorney determines is appropriate.
These settlements, stipulations, or agreements may include, but are not
limited to, the amount of just compensation to be paid, the size and
dimensions of the Properties condemned, and the acquisition of temporary
construction easements and other property interests as the City Attorney
may determine are required.
SECTION 6. - Ratification. Any acts consistent with the authority
of this ordinance and prior to its effective date are ratified and affirmed.
SECTION 7. - Severability. If any one or more section, subsection,
or sentence of this ordinance is held to be unconstitutional or invalid, such
decision shall not affect the validity of the remaining portion of this
ordinance and the same shall remain in full force and effect.
SECTIONS. - Effective Date. This ordinance shall take effect and
be in force thirty days from and after its passage, as provided by law.
71 -nQ, k(,-- 4 '1' November 19, 2019
D NA RALPH, MAYOR Date Approved
ATTEST:
November 19, 2019
KIMBERLEY A OMOTO, CITY CLM Date Adopted,
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Date Pu6klhed
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APPROVED AS TO FOB" t�jY ♦ s'Y{ C �•
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TH 'PAT' IT ATRICK, CITY ATTORNEY
5 Condemnation Ordinance -
Signature Pointe Levee
(Dejbod and Ostrovski Properties)
Exhibit A
Dejbod Property (Bahman and Naireh Dejbod)
750 Washington Avenue North, Kent, WA
King County Tax Parcel No. 543620-0841
All that portion of the following described Parcel A lying Westerly of a line drawn 30 feet Westerly
of and parallel with the "A" line centerline of SSH 2-M (SR 181) Kent: Junction SSH5-A (SR 516)
Vicinity.
Parcel A:
The Westerly 132 feet of the following described lands:
That portion of Tract 43, Supplemental Plat of Meeker's First Addition to the Town of Kent,
according to the plat thereof recorded in Volume 5 of Plats, page 96, records of King County,
Washington, described as follows:
Beginning at the intersection of the North line of said Tract 43 with the centerline of Secondary
State Highway No. 5-M;
Thence Southerly along the centerline of said highway 1316 feet to the True Point of Beginning;
Thence Westerly parallel to the North line of said Tract 43, a distance of 383 feet;
Thence Southerly parallel to the centerline of said Secondary State Highway No. 5-M to the
Northerly line of a county road;
Thence Southeasterly along said road line to the centerline of Secondary State Highway No.5-M;
Thence Northerly along said centerline to the True Point of Beginning;
Except the East 33 feet thereof.
Situate in the County of King, State of Washington
Ostrovski Property (Yevgeni Ostrovski)
6828 S. 2515t St., Kent, WA
King County Tax Parcel No. 543620-0851
The Westerly 132 feet of the following described lands:
That portion of Tract 43, Supplemental Plat of Meeker's First Addition to the Town of Kent,
according to the plat thereof recorded in Volume 5 of Plats, page 96, records of King County,
Washington, described as follows:
Beginning at the intersection of the North line of said Tract 43 with the centerline of Secondary
State Highway No.5-M;
Thence Southerly along the centerline of said highway 1316 feet to the True Point of Beginning;
Thence Westerly parallel to the North line of said Tract 43, a distance of 383 feet;
Thence Southerly parallel to the centerline of said Secondary State Highway No. 5-M to the
Northerly line of a county road;
Thence Southeasterly along said road line to the centerline of said Secondary State Highway
No.5-M;
Thence Northerly along said centerline to the True Point of Beginning;
Except the East 33 feet thereof.
Situate in the County of King, State of Washington.
6 Condemnation Ordinance -
Signature Pointe Levee
(Dejbod and Ostrovski Properties)
Exhibit B
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Dejbod Property
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Ostrovski Property
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Washington Ave S
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7 Condemnation Ordinance -
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STATE OF WASHINGTON, COUNTY OF KING }
AFFIDAVIT OF PUBLICATION
PUBLIC NOTICE
Polly Shepherd,being first duly sworn on oath that she is the Publisher of the
Kent - Covington Reporter
a weekly newspaper, which newspaper is a legal newspaper of general
circulation and is now and has been for more than six months prior to the date
of publication hereinafter referred to, published in the English language
continuously as a weekly newspaper in King County, Washington. The
Kent - Covington Reporter has been approved as a Legal Newspaper by order of
the Superior Court of the State of Washington for King County.
The notice in the exact form annexed was published in regular issues of
the Kent - Covington Reporter(and not in supplement form) which was regularly
distributed to its subscribers during the below stated period. The annexed
notice (881426), a:
Public Notice
was published on November 22"', 2019.
The-full- mo e fee charged for said foregoing publication is the sum of$542.99.
'�ttIIi1111/110
Gp.LE GkV. e
Polly Shepherd, Publisher, Kent - Covington Reporter _ :y 'w
C!1.Z NpTARY N
—I; PUBLIC "
Subscrib4oaznd sworn to me this 22"d day of November, 2019. ��� `o � ''O
No.
i Off''•• a
"fill VVASN\'�`��
)ale Gwin, Notary Public for the State of Washington, Residing in Covington,WA
Classified Proof
i CITY OF KENT
NOTICE OF
ORDINANCES
PASSED BY THE
CITY COUNCIL
The following are sum- l
maries of ordinances
passed by the Kent City
Council on November
19,2019:
ORDINANCE NO. 4338
- AN ORDINANCE of
the City Council of the
City of Kent, Washing- E
ton,was adopted on No-
vember 5, 2019, which
granted Zayo Group,
LLC, a 10-year non-ex- j
l clusive telecommunica-
tions franchise agree-
= ment; authorized the
Mayor to sign all docu-
i rrients necessary to im-
plement the full terms of E
the negotiated agree-
ment; and directed the
City Clerk to publish no- I
tice of Council's grant of
this telecommunications
franchise. A Complete
copy of the Telecommu-
nicationsFranchise
Agreement is available
through the City Clerk's
office, located at 220
Fourth Avenue South in
the City of Kent, or on-
line at https-//Docu-
ments.kentwa.gov/.
This ordinance,being an
exercise of a power spe-
cifically delegated to the
City's legislative body,is l
l subjectnot referen-
dum. be
dum pub-
lished and will take ef-
fect 30 days after its
passage. The Franchise
1 Agreement, however,
( shall become effective
only upon its acceptance
by Zayo Group,LLC and
execution by the Mayor.
Should Zayo fail to time-
ly file its written accep-
tance of the Franchise
Agreement,Zayo will be
deemed to have rejected
i
Classified Proof
and repudiated the Fran-
chise Agreement and
the franchise will be
voidable by the City_
ORDINANCENO. 4339
AN ORDINANCE of
the City Council of the
City of Kent, Washing-
ton, amending chapters
15.02 and 15.04 of the
Kent City Code relating
to group homes, board-
ing homes, short-term
rentals and communal
residences.
This ordinance shall take
effect and be in force 30
days from and after its
passage,as provided by
law.
ORDINANCE NO. 4340
AN ORDINANCE of
the City Council of the
City of Kent, Washing-
ton, amending sections
6.07.020 and 6.07.050
of the Kent City Code,
regulating signage in the
public right of way, and
amending chapters
15.02 and 15.06 of the
Kent City Code, regulat-
ing signage generally
within the City.
This ordinance shall take
effect and be in force
thirty days from and after
its passage,as provided
by law.
ORDINANCE NO. 4341
- AN ORDINANCE of
the City Council of the
City of Kent, Washing-
ton, relating to local
sales or use taxes; im-
posing the maximum ca-
pacity of the tax author-
ized under the
provisions of RCW
82.14.540 for affordable
and supportive housing;
amending Chapter 3.16
of the Kent City Code by
adding a new section
3.16.035, entitled
'Additional sales or use
tax for housing';and au-
thorizing the Mayor to
use the funds and pool
resources with South
King Housing and
Homelessness Partners.
This ordinance,pursuant
to ROW 35A.11.090(7),
shall take effect and be
in force five days after its
publication, as provided
by law.
ORDINANCE NO. 4342
- AN ORDINANCE of
the City Council of the
City of Kent, Washing-
ton, amending chapters
3,18, 3.21, 3.26, 3.28
and 3.29, of the Kent
City Code to consolidate
administrative provisions
for all taxes, align the
City's B&O tax provi-
sions with the model or-
dinance, and add vari-
ous clarifications.
This ordinance shall take
effect and be in force
thirty days from and after
its passage,as provided
by law. The amend-
ments to the Kent City
Code herein, however,
shall not be effective un-
til January 1,2020.
ORDINANCE NO. 4343
AN ORDINANCE of
Classified Proof
the Orty uouncu or the
City of Kent, Washing_
ton, approving the con-
; solidating budget adjust-
ments made between
July 1, 2019 and Sep-
tember 30,2019,reflect-
ing an overall budget in-
crease of$12,002,345.
i This ordinance shall take
effect and be in force
i five days after publica-
tion,as provided by law.
ORDINANCE NO. 4344
AN ORDINANCE of
the City Council of the
City of Kent, Washing-
ton, relating to the mid-
biennial review and
modification of the 2019-
2020 biennial budget as
required by RCW
35A.34.130 and Ordi-
nance No. 4230; adopt-
ing certain modifications
to the 2020 budget;and
establishing an effective
date.
I This ordinance shall take
effect and be in force
January 1, 2020, which
is more than five days
after its publication, as
provided by law.
ORDINANCE NO. 4345
- AN ORDINANCE of
the City Council of the
City of Kent, Washing-
ton,levying 2019 proper-
ty taxes for the 2020 bi-
ennial budget for the
City of Kent
This ordinance shall take
effect and be in force
January 1, 2020, which
is more than five days
after its publication, as
provided by law.
ORDINANCE NO. 4346
AN ORDINANCE of
the City Council of the
City of Kent, Washing-
ton, amending the Kent
Comprehensive Plan
and its Capital Facilities
Element to reflect a six-
year plan for capital im-
provement projects
(2)020-2025)(CPA-2019-
This ordinance shall take
effect and be in force 30
days from and after its
passage,as provided by
law.
ORDINANCE NO. 4347
- AN ORDINANCE of
the City Council of the
City of Kent, Washing-
ton, amending the Kent
Comprehensive Plan
and its Capital Facilities
Element to include the
Capital Facilities Plans
of the Kent. Federal
Way, Auburn and High-
line School Districts
(CPA-2019-1).
This ordinance will take
effect and be in force 30
days from and after its
passage,as provided by
law.
ORDINANCE NO. 4348
- AN ORDINANCE of
the City Council of the
City of Kent, Washing-
ton, amending Section
12.13.160 of the Kent
City Code to adjust the
school impact fee sched-
ules(CPA-2019-1).
This ordinance shall take
i
Classified Proof
enecc ano De in roroe 3u
days from and after its
passage,as provided by
law.
E ORDINANCE NO. 4349
AN ORDINANCE of
the City Council of the
City of Kent, Washing-
ton,providing for the ac- i
quisition by eminent do- l
( main of real property
generally located on the
north side of the Green
River and commonly
known as 7641 S.259th I
St., which property is 1
needed for the construc-
tion of the Milwaukee II i
Levee Improvement Pro-
ject.This ordinance pro-
vides for the condemna-
tion, appropriation,
taking,and damaging of
real property necessary
for that project and pro- i
vides for the payment
thereof out of the Mil- E
waukee II Levee im-
provement Project(Fund
No. D20090). This ordi-
nance also directs the
City Attorney to prose-
cute the appropriate le- I
gal condemnation pro-
ceedings in King County
Superior Court,to retain
any legal counsel re-
quired,and to enter into
settlements,stipulations,
or other agreements as
may be necessary. [
This ordinance shall take
effect and be in force
thirty days from and after i
its passage,as provided
by law.
ORDINANCE NO. 4350
- AN ORDINANCE of
the City Council of the
City of Kent, Washing-
ton,providing for the ac-
quisition by eminent do-
main of real property
generally located on the
north side of the Green
River, along S. 251st
Street,west of Washing-
ton Ave.S.,which prop-
erty is needed for the
construction of the Sig-
nature Pointe Levee Im-
provement Project This
ordinance provides for
the condemnation, ap-
propriation, taking, and
damaging of real proper-
ty necessary for that pro-
ject and provides for the
payment thereof out of
the Signature Pointe
Levee Improvement Pro-
ject(Fund No. D20085).
This ordinance also di-
rects the City Attorney to
prosecute the appropri-
ate legal condemnation
proceedings in King
County Superior Court,
to retain any legal coun-
sel required, and to en-
ter into settlements,
stipulations, or other
agreements as may be
necessary.
This ordinance shall take
effect and be in force
thirty days from and after
its passage,as provided
by law.
A copy of the complete
text of any ordinance will
be mailed upon request
of the City Clerk.__
A ,.___._
Classified Proof
city cle�x
m2moto KentWA oov
253-856-5725
Published in the Kent-
Covington Reporter
November 22, 2019.
#881426
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